JUMMA MASJID TRUST Vs. VASO NAGAR

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order passed by the learned Joint District Judge, Kheda at Nadiad in Civil Misc. Application No. 64 of 1986 dated 22. 09. 1989 whereby, the said application was allowed by quashing and setting aside the order passed by the learned Joint Charity Commissioner, Baroda Division, Baroda in Appeal No. 9 of 1983 dated 11. 07. 1986 and the matter was remanded to the Joint Charity Commissioner, Baroda Division for deciding the application Exhibit - 4 and to take a decision as to whether the delay in filing the said appeal deserves to be condoned on the ground of it being time-barred.

(2.) THE facts in brief are as under:-

(3.) HEARD learned counsel for the respective parties and perused the documents on record. It appears from the record that the learned Joint Charity Commissioner has quashed the order dated 18. 03. 1964 passed by the learned Assistant Charity Commissioner in Appeal No. 9 of 1983, without condoning the delay in filing the said Appeal, which was a prerequisite legal requirement. Without deciding the said aspect, the learned Joint Charity Commissioner ought not to have decided the Appeal in question. The said aspect has been discussed in detail by the lower appellate Court in Para - 17 of its judgment.